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Monthly Archives: December 2023
identical product labeled “For children” and sold at higher price could be deceptive
Mendoza v. Procter & Gamble Co., No. CV 23-1382-DMG (JPRx), 2023 WL 8860900 (C.D. Cal. Dec. 20, 2023) Mendoza brought the usual California claims, alleging that Vicks Vapo cough and cold treatment products marketed as being for children were identical … Continue reading
Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules
You might think that class action rules can be a bit like Calvinball, and I’d be hard pressed to disagree. Here’s another hurdle to jump, although it’s certainly jumpable. Hawes v. Macy’s Inc., 2023 WL 8811499, No. 1:17-cv-754 (S.D. Ohio … Continue reading
reseller’s unsuccessful challenge to takedown notices leads to more successful infringement counterclaim
CDC Newburgh Inc. v. STM Bags, LLC, — F.Supp.3d —-, 2023 WL 6066136, 22-cv-1597 (NSR) (S.D.N.Y. Sept. 18, 2023) CDC sued STM, alleging violations of New York state and federal law arising from STM’s involvement in the removal of ten … Continue reading
Posted in Uncategorized
Tagged defamation, false advertising, tortious interference, trademark
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Using dominant competitor’s part names/numbers for comparison isn’t false advertising, TM infringement, or (c) infringement
There really should be a fee shift when a competitor harasses another competitor for daring to make comparisons of part numbers, but we don’t seem to live in that world. Simpson Strong-Tie Co. v. Mitek Inc., 2023 WL 8697700, No. … Continue reading
Reasonable consumers may not be required to peel back labels in store to read drug facts
Zimmerman v. L’Oreal USA, Inc., 2023 WL 8587620, No. 22-cv-07609-HSG (N.D. Cal. Dec. 8, 2023) This putative class action bringing the usual California statutory claims alleges that L’Oréal misleadingly advertises the sunscreen benefits of some of its cosmetic products, such … Continue reading
alleged misrepresentation of partnership/approval suffices for false advertising claim
Faire Wholesale, Inc. v. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D. Cal. Dec. 8, 2023) When does TM logic creep into false advertising cases? Faire operates an online marketplace connecting wholesalers with retailers. Faire sued Tundra, which makes a … Continue reading
false advertising is harder to prove than TM infringement because of the injury requirement (not to mention materiality)
ImprimisRx, LLC v. OSRX, INC., 2023 WL 8604148, No. 21-cv-01305-BAS-DDL (S.D. Cal. Dec. 12, 2023) The parties are compounding pharmacies that focus on medications used in optometry and ophthalmology. Section 503A compounding pharmacies fill prescriptions for individual patients. Section 503B … Continue reading
Dastar bars false advertising claim against “first of its kind” ads
Vericool World LLC v. Igloo Prods. Corp., 2023 WL 8634803, No. 22-cv-02440-HSG (N.D. Cal. Dec. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. The court found this Dastar-barred, since … Continue reading
Netchoice amicus on behalf of Discord
Chris Sprigman and I just submitted this brief. The focus of the argument is the associational interests of Discord’s users, who want and need assistance from centralized content moderation in order to support their communities. from Blogger http://tushnet.blogspot.com/2023/12/netchoice-amicus-on-behalf-of-discord.html